IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ASHOK KUMAR VERMA, J.
Ratan Lal – Petitioner
Versus
State of Haryana & Anr. – Respondents
CRM-M-38008 of 2022
Decided On : 11-05-2023
| Table of Content |
|---|
| 1. overview of the petition for fir quashing (Para 1 , 2) |
| 2. arguments for and against quashing the fir (Para 3 , 4) |
| 3. court's analysis on principles governing fir quashing (Para 5 , 6 , 7) |
| 4. interests of justice in quashing proceedings due to compromise (Para 8) |
| 5. final decision to quash proceedings with conditions (Para 9 , 10) |
JUDGMENT
Mr. Ashok Kumar Verma, J. (Oral)
The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.418 dated 23.09.2021 registered under Sections 308 , 323, 506 and 34 of the INDIAN PENAL CODE , 1860 at Police Station Ladwa, District Kurukshetra (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 12.08.2022 (Annexure P- 2) effected between the private parties.
2. Pursuant to order dated 15.11.2022 passed by this Court, the parties had appeared before learned District and Sessions Judge, Kuruksharta to get their statements recorded. Learned District and Sessions Judge, Kuruksharta submitted her report along with copies of statements of the parties vide letter dated 02.12.2022. As per the said report, learned District and Sessions Judge, Kuruksharta, is satisfied that the compromise has been entered upon by the parties voluntarily and without any pressure.
3. Learned counsel for the petitioner has argued that as the parties have compromised the matter, vide written Compromise dated 12.08.2022 (Annexure P-2), no purpose will be served by keeping the proceedings against the petitioner and the impugned FIR (Annexure P-1), may be quashed and set aside.
4. On the other hand, learned State counsel has argued that the offence is non-compoundable, so the petition may be dismissed.
5. To appreciate the arguments of learned counsel appearing on behalf of the parties, I have gone through the entire record in detail.
6. Their Lordships of the Hon'ble Supreme Court in Preeti Gupta and another v. State of Jharkhand and another , (2010) 7 SCC 667 , have held that the ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. The tendency of implicating the husband and all his immediate relations is also not uncommon. At times, even after the conclusion of the criminal trial, it is difficult to ascertain the real truth. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. The criminal trials lead to immense sufferings for all concerned. Their Lordships have further held that permitting complainant to pursue complaint would be abuse of process of law and the complaint against the appellants was quashed. Their Lordships have held as under:
Inder Mohan Goswami v. State of Uttaranchal
Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quas....
Section 482 preserves inherent powers of High Court to prevent an abuse of the process of any court or to secure ends of justice. The provision does not confer new powers. It only recognizes and pres....
Point of Law - Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice.
The main legal principle established in the judgment is that the inherent powers of the High Court under Section 482 can be used to quash criminal proceedings when the parties have settled the disput....
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